What is a 482 Visa?

The 482 visa is a temporary visa and allows employers to sponsor employees from overseas whose occupations are listed in the 482 visa occupation list.

To be eligible, the following requirements must be satisfied:

  • The nominee must have relevant qualifications and at least two years’ work experience in the profession they are being sponsored in.
  • English requirement must be met.
  • All character requirements must be met.
  • All health requirements must be met.

There are three streams

  • Short-Term: up to 2 years, with an opportunity to extend. There is no path to permanent residence.
  • Medium to Long Term: up to 4 years, with an option to apply for permanent residence after working 3 years with the same employer.
  • Labour Agreement: This is for applicants whose occupations are not listed on the Temporary Skill Shortage list. The employer must apply for a labour agreement to sponsor applicants whose occupation is no listed.

 

Eligibility & Requirements for the 482 Visa?

  • be nominated for a skilled position by an approved sponsor
  • have the required skills to do the job
  • meet the relevant English language requirements
  • meet health and character requirements

 

There are three stages of the application process:

Stage 1: The employer applies for sponsorship; which is valid for 5 years.

Stage 2: Nomination – The employer nominates a specific employee for a full time position that aligns to the specified skilled occupation list

Stage 3: Visa application – The nominee has to apply for the visa.

 

How long does the process take?

Short-term stream: 30 – 60 days

Medium-term stream: 30 – 60 days

Labour agreement stream : 20 – 40 days

 

What is the cost of the 482 visa?

  • Short-term stream: AUD1,265
  • Medium-term stream: AUD 2,645
  • Labour agreement : AUD 2,645

 

The Advantages of a 482 Visa

  • The Temporary Work (Skilled) subclass 482 does not take long to lodge, as well as the application to sponsor and nominate. It matters to persons whose visas are about to expire or an employer who needs to fill a void in the workplace quickly.  While the application is being processed, an applicant inside Australia is granted a bridging visa to stay inside Australia.
  • For the Temporary Work (Skilled) subclass 482 , work experiences in the past is recognized as proof the applicant possesses the required skills to work in the nominated occupation. In the case of trade occupations and professional diploma level occupations, it is enough to prove three years of past working experience whilst for professionals, it is enough to show that five years of working experience have been gained.
  • The Temporary Work (Skilled) subclass 482 visa application fee is cheaper than other Australian work visas.

First Step: Standard Business Sponsorship (SBS), where the prospective employer must first be approved as a standard business sponsor. Some of the approval requirements are:

–       Correct Application – the correct form is filled up and the fee is paid.

–       Lawful Operation – the business is operating lawfully in or outside Australia.

–       Positions Indicated – the number of positions for nomination is stated and the term of the sponsorship

–       Trade Period – meet the prescribed training requirement if the business has traded for twelve months or more

–       Attestation – when the business is operating in Australia, a written attestation that the employer is committed to employ local labour and also declare that discriminatory recruitment practices will not be practiced

–       Reputation – there is no adverse information about the business or person associated with the business

–       Good Record – have been previously approved as a standard business sponsor and commitments made were fulfilled

Second Step:  Employer Nomination, where the sponsor nominates an occupation from the current STSOL list.

The nominee can either be a subclass 482 visa holder, a subclass 482 visa applicant, or a proposed subclass 482 visa applicant. The nomination process is designed to record information, such as:

  • The purpose of the nomination process
  • The position under the Short Term Skilled Occupation List (STSOL) to be filled
  • The experience and skills that position requires
  • The market rate for the position and the amount to be paid to the skilled overseas worker
  • The name of the overseas employee nominated

An employer’s nomination is valid if a sponsorship application is already lodged, a previous sponsorship has been approved, or the sponsorship application is made at the same time as the application for nomination.


Third Step. 482 visa application, which is the last stage of the programme.

Who can apply for a subclass 482 visa?

Applicants can be

  • Those who were nominated by an approved business sponsor to perform work in Australia and instructed by the sponsor to apply for a 482 visa
  • Those who, under a labour agreement, were nominated by an employer to work in Australia under a labour agreement and instructed by the employer to apply
  • Those who, after a switch in employers, were nominated to work in Australia and were instructed by their employer to apply for a visa
  • Family members of the primary visa applicant and are aiming for their application to be approved provided they meet the minimum requirements for a 482 visa.

 

How to Convert your 482 visa to an RSMS 187 visa

If the employer operates a business in Regional Australia, then an employee can be nominated for a 187 RSMS visa.

Streams that convert a 482 visa to a 187 visa:

  1. Temporary Residence Transition Stream applies to holders of a 482 visa, who have worked for two years in an occupation and is offered by the nominating employer a permanent position in the same occupation. This stream allows the holder to qualify for Australian permanent residence through the RSMS Transitional Residence stream although not formally qualified in the occupation.

To qualify for the RSMS subclass 187 visa through this scheme, the applicant must

  • Be a holder of a 482 class visa;
  • Have an occupation listed in the RSMS occupation list;
  • Have continually worked for two years for the same position for the sponsoring (under 482) and the nominating (under 187) employer who is one and the same;
  • The nomination for a permanent position must have been approved by the Department of Immigration; and
  • Demonstrate vocational English (IELTS score of 5 or OET B) unless exempted.
  1. Direct Entry Stream applies to those who are either qualified in their occupation or meet the skill requirement for the visa due to previous work experience. One of the advantages of this stream is that applicants, under certain conditions, don’t have to spend two years with their employer on a 482 visa to qualify for an RSMS subclass 187 visa.

To qualify for the RSMS subclass 187 through this scheme, the applicant must

  • Have an approved nomination;
  • Have an occupation listed in the RSMS occupation list;
  • Meet the skills requirements, except when exempted;
  • Have a skills assessment that is not more than three years old on the date of visa application; and
  • Demonstrate competent English, unless exempt.

 

*Why choose Withstand Lawyers for your 482 visa?

There are many different streams to choose from and a significant number of steps to satisfy before an employee is successfully granted their visa. Our immigration lawyers and Registered Migration Agents can help guide you through the process.

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